Users

Powers

To require the removal of obstructions and the abatement of nuisances, e.g. barbed wire

The powers of individual users to directly affect path conditions are restricted to the ancient, limited, but still significant, power of abatement. Abatement is the common law right to take action to remove a nuisance that is affecting the exercise of a right.

The action taken can only be sufficient to enable the right to be conveniently exercised. In practical terms this means that if, say, a walker comes across a path blocked by excessive vegetation they have the power to remove so much of the overgrowth as is necessary to get past. If they can’t get through, they also have the right to detour around the obstruction. Although the bulk of the obstruction may remain, once a person can conveniently carry on their journey they no longer have the power to remove material and further action could even constitute criminal damage.

Users may take legal action to get obstructions removed. A user can apply to the magistrates’ court to compel an authority to prevent the obstruction of a highway, and can also take action directly against the land owner.